Land Use Planning and Approvals Amendment Act 2013
20Sections 50A , 50B , 50C and 50D inserted
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20 Sections 50A , 50B , 50C and 50D inserted
After section 50 of the Principal Act , the following sections are inserted in Division 2:
50A. Certifiable schemes and orders and certifiable permitted uses and developments
(1) The regulations may prescribe –
(a) a planning scheme, or special planning order, to be a certifiable scheme or order; and
(b) a use or development, referred to in a certifiable scheme or order, to be a certifiable permitted use or development in relation to the land.
(2) The regulations may only prescribe a use or development specified in a planning scheme, or special planning order, to be a certifiable permitted use or development in relation to land if the use or development is a use or development in relation to which, under the planning scheme, or special planning order, a person to whom an application for a permit in relation to the use or development is made is bound to grant a permit either unconditionally or subject to conditions or restrictions.
50B. Permitted use or development certificates
(1) A person may apply to a planning certifier, in a form approved by the Commission, for the issue of a permitted use or development certificate in relation to a certifiable permitted use or development.
(2) A planning certifier who receives from a person an application under subsection (1) in relation to a use or development may –
(a) if the planning certifier is satisfied that the use or development is a certifiable permitted use or development, issue a permitted use or development certificate in relation to the use or development; or
(b) if the planning certifier is not satisfied that the use or development is a certifiable permitted use or development, by notice to the person, refuse to issue a permitted use or development certificate in relation to the use or development.
(3) A person must not obtain or attempt to obtain a permitted use or development certificate by wilfully making or causing to be made any false representation, or declaration, either orally or in writing.